By: Barrientos S.C.R. No. 90 SENATE CONCURRENT RESOLUTION 1-1 WHEREAS, American Health Advisors, Inc., alleges that: 1-2 (1) The University of Texas System, on or about August 13, 1-3 1990, entered into a Confidential Disclosure Agreement with 1-4 American Health Advisors, Inc. to prevent unauthorized 1-5 dissemination or use of its knowledge and information made 1-6 available to components of the University of Texas System, 1-7 including the University of Texas Health Science Center at Tyler, 1-8 the University of Texas Medical Branch at Galveston, and the 1-9 University of Texas M.D. Anderson Cancer Center. 1-10 (2) The University of Texas Medical Branch at Galveston, on 1-11 or about August 22, 1990, entered into a Confidential Disclosure 1-12 Agreement with American Health Advisors, Inc. 1-13 (3) The University of Texas Health Science Center at Tyler, 1-14 on or about October 18, 1990, entered into a Confidential 1-15 Disclosure Agreement with American Health Advisors, Inc. 1-16 (4) The University of Texas M.D. Anderson Cancer Center, on 1-17 or about November 25-26, 1990, entered into a Confidential 1-18 Disclosure Agreement with American Health Advisors, Inc. 1-19 (5) On or about September 11, 1990, the University of Texas 1-20 Medical Branch at Galveston signed and accepted an engagement 1-21 contract with American Health Advisors, Inc. by which American 1-22 Health Advisors agreed, in return for compensation described in 1-23 contractual agreements to perform services in the submission of an 2-1 eligibility application according to an "Approach and Workplan," in 2-2 order to maximize UTMB's receipt of certain federal funds. Similar 2-3 engagement contracts were accepted and signed by the University of 2-4 Texas Health Science Center at Tyler on October 24, 1990, and the 2-5 University of Texas M.D. Anderson Cancer Center on November 28, 2-6 1990. 2-7 (6) American Health Advisors, Inc. performed all of its 2-8 obligations under the Confidentiality Agreements and letter of 2-9 engagement contracts described above. 2-10 (7) The University of Texas System, the University of Texas 2-11 Health Science Center at Tyler, the University of Texas Medical 2-12 Branch at Galveston, and the University of Texas M.D. Anderson 2-13 Cancer Center have profited from consulting services, proprietary 2-14 information and work product which they willingly received from 2-15 American Health Advisors Inc. pursuant to the Confidentiality 2-16 Agreement and letter of engagement contracts described above but 2-17 each of these components of the University of Texas System have 2-18 refused to honor their obligations under those agreements and 2-19 contracts, and indeed have breached and repudiated those contracts. 2-20 (8) American Health Advisors, Inc. is entitled to 2-21 compensation for the financial damage suffered as a result of 2-22 default by the University of Texas System, the University of Texas 2-23 Health Science Center at Tyler, the University of Texas Medical 2-24 Branch at Galveston, and the University of Texas M.D. Anderson 2-25 Cancer Center under the above described Confidentiality Agreement 3-1 and letter of engagement contracts; now, therefore be it 3-2 RESOLVED, by the Legislature of the State of Texas, That 3-3 American Health Advisors, Inc. is granted permission to sue the 3-4 State of Texas, and the University of Texas System, the University 3-5 of Texas Health Science Center at Tyler, the University of Texas 3-6 Medical Branch at Galveston, the University of Texas M.D. Anderson 3-7 Cancer Center and those acting on behalf of such components of the 3-8 University of Texas System as agents and employees thereof, subject 3-9 to Chapter 107, Civil Practice and Remedies Code; and be it further 3-10 RESOLVED, That the Chancellor of the University of Texas 3-11 System be served process as provided by Section 107.002(a)(3), 3-12 Civil Practice and Remedies Code.